MARITAL RAPE – BREACH OF FREEDOM TO CONSENT

Anita was taking time today to finish her chores before going to bed. She was dead tired, body sored due to menses. But she was also petrified anticipating the horrific sexual intercourse she was forced to go through daily, even during her menstrual cycle. She had sought refuge in her mother few days back, but was shocked when her mother asked her to comply quietly. “It’s the duty of the wife to please her husband, it’s custom dear” – this statement itself defies the so called “sanctity” of marriage.

Marital rape befalls when a husband forces intercourse on wife either by threat or by taking advantage of her inability to consent. Then just like any other domestic violence why is marital rape not punishable by law in our country? Whether a stranger, a known person or a family member commits it, rape is RAPE!

Like Anita, many women go through marital rape naming the social and religious customs or so called obligation towards husband. Marriage has become a leeway to force sex in such cases. The role of wife in India is still perceived as a homemaker and having intercourse a “duty”. Apart from the fact that women in India still strive for self sufficiency that shoves many to live in physical and emotional distress.

Although rape has strict and specific laws enforced, the boundaries are blurred when it comes to marital sex. Despite many law commissions and new legislation such heinous act of coercion is not yet termed as criminal offence in India, the reason why it’s one of the most under reported crime.

Marital relationship’s so called “sacrosanct” status has become a taboo. Our society is unable to concede to grievous criminal offences occurring inside the boundaries of the institution of marriage. Marital rape is no less traumatic for the victim and to make matters worse, she has to cohabit with the abuser. It is a violation of the fundamental right to freedom of a human being. However many women still accept and justify this assault as deference. This ignorance makes it even more imperative to provide legal protection to women against marital rape.

Apart from judicial awakening we primarily need to generate awareness to curtail ignorance regarding this domestic coercion. “Amends begins at home”, we need to change the patriarchal social norms and teach our children to discern and differentiate between adjustment to situations and complying to offences. No one should accede to any form of abuse from anyone.

Most countries like Canada, Australia and South Africa have amended and abolished marital rape exemptions from the legal texts. It’s not only our legal but also social responsibility to come out of embedded cultural and religious stereotypes and bring changes in our social values. The legal system needs to eradicate the myth of “conjugal rights” in its books. Every step we take today towards changing the mindset will definitely diminish nescience and pave the path towards appreciating the fundamental right to freedom.

Quote of the day

Don’t ever forget to build up a bridge to cross over on the teary river that flows out from your own eyes.